Common use of Guaranteed Energy Production Clause in Contracts

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Wind: 75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, except for geothermal, which shall be each Contract Year, all calculated on a rolling basis. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) the replacement price for the energy and RECs less the Contract Price. No payment shall be due if the calculation yields a negative number.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in each two (2) consecutive Contract Year period during the Delivery Term (“Performance Measurement Period”). The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total aggregate Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Wind: [eighty-five percent (85%) – solar][ seventy-five percent (75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2%) consecutive Contract Year period during the Delivery Term, except for geothermal, which shall be each Contract Year, all calculated on a rolling basis– wind]. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, in addition to the Generating Facility Energy for the applicable Performance Measurement Period, Seller shall be deemed to have delivered to Buyer (ia) any Deemed Delivered Energy and (iib) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, Events and Curtailment Periods (the “Adjusted Energy Production”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (ai) the difference of between the Guaranteed Energy Production less and the Adjusted Energy Production, multiplied by (bii) difference between (A) the replacement price for the bundled Portfolio Content Category 1 renewable energy and RECs less of the Contract Pricesame vintage and resource and (B) the Renewable Rate. No payment shall be due if the calculation yields a negative number.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Wind: 75% Solar: 85% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, all calculated on a rolling basis (e.g., Contract Years 1-2, 2-3, 3-4, etc.), except for geothermal, which shall be each Contract Year, all calculated on a rolling basis. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) the replacement price for the energy and RECs less the Contract Price. No payment shall be due if the calculation yields a negative number.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Wind: 75% Geothermal: 90% Small Hydro: eighty-five percent (85% %). The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, except for geothermal, which shall be each Contract Year, all calculated on a rolling basisbasis (e.g., Contract Years 1-2, 2-3, 3-4, etc.). For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) the replacement price for the energy and RECs less the Contract PriceRenewable Rate. No payment shall be due if the calculation yields a negative number.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy ProductionProduction or GEP” means an amount of Generating Facility Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Solar: 85% Wind: 75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, except for geothermal, which shall be each Contract Year, all calculated on a rolling basis. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably of Energy that would have been delivered to Buyer but was prevented from delivering to Buyer by reason of for Force Majeure Events, Curtailments, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”)Emergencies or Buyer Default. If Seller fails to achieve the Guaranteed Energy Production amount in GEP during any Performance Measurement Period, Seller shall (a) pay to Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) calculated as the replacement price for energy plus Green Attributes multiplied by the energy and RECs less GEP shortfall. As an alternative to paying GEP liquidated damages, Seller may, with the prior consent of Buyer, provide Replacement Product in an amount not to exceed [XX%] of the Expected Energy for the previous Contract Price. No payment shall be due if the calculation yields a negative numberYear.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Solar: 85% Wind: 75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, except for geothermal, which shall be each Contract Year, all calculated on a rolling basis. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) the replacement price for the energy and RECs less the Contract PriceRenewable Rate. No payment shall be due if the calculation yields a negative number.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in each Performance Measurement Period. The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Wind: 75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery TermTerm (“Performance Measurement Period”). “Guaranteed Energy Production” means an amount of Adjusted Energy Production (as defined below), except as measured in MWh, equal to or greater than ninety percent (90%) of the total aggregate Expected Energy for geothermal, which shall the applicable Performance Measurement Period. The Adjusted Energy Production will be each Contract Year, all calculated on a rolling basis. For used for purposes of determining whether Seller has achieved the Guaranteed Energy Production. The “Adjusted Energy Production” equals the Delivered Energy for the applicable Performance Measurement Period, Seller shall be deemed to have delivered to Buyer plus (ia) any Deemed Delivered Energy and (iib) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, Events and Curtailment Periods (the “Adjusted Energy Production”)Periods. If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (ai) the difference of between the Guaranteed Energy Production less and the Adjusted Energy Production, multiplied by (bii) difference between (A) the replacement price for the Portfolio Content Category 1 renewable energy and RECs less of the same vintage, delivery profile, and resource and (B) the Contract Price. No payment shall be due if the calculation yields a negative number.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy ProductionProduction or GEP” means an amount of Facility Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Solar: 85% Wind: 75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, except for geothermal, which shall be each Contract Year, all calculated on a rolling basis. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably of Energy that would have been delivered to Buyer but was prevented from delivering to Buyer by reason of for Force Majeure Events, Curtailments, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”)Emergencies or Buyer Default. If Seller fails to achieve the Guaranteed Energy Production amount in GEP during any Performance Measurement Period, Seller shall (a) pay to Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) calculated as the replacement price for energy plus Green Attributes multiplied by the energy and RECs less GEP shortfall. As an alternative to paying GEP liquidated damages, Seller may, with the prior consent of Buyer, provide Replacement Product in an amount not to exceed [XX%] of the Expected Energy for the previous Contract Price. No payment shall be due if the calculation yields a negative numberYear.